Abstract

Today’s environmental laws impose a range of permitting and review requirements on federal projects and private developments that require federal approval. While well-intentioned, these requirements have imposed substantial costs and delays on economic development, including the development of “green infrastructure.” Alternative energy projects and the infrastructure upon which they depend are constrained by lengthy permit reviews and assessments. While designed to protect the environment, these regimes may constrain the development and deployment of the environmental technologies of tomorrow, including (but not limited to) those necessary to address climate change. This essay is the introduction to a symposium on “Permitting the Future” that explores the legal and economic aspects of permitting and review requirements for new technologies, infrastructure, and development, how such requirements may impede environmental progress, and whether there are alternative approaches to managing environmental risks that are more consistent with the maintenance of a free, dynamic, and sustainable economy.


Keywords

Environmental Law, Regulations, Permits, Icebreaker Wind

Publication Date

2024

Document Type

Article

Publication Information

Case Western Reserve Law Review (forthcoming 2024)

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COinS Jonathan Adler Faculty Bio